Alternative Dispute Resolution

ADR "Alternative Dispute Resolution" refers to any means of settling disputes outside of the courtroom; it is a process in which a neutral third party, typically a mediator or arbitrator, facilitates the disputing parties in reaching a mutually acceptable agreement. ADR covers within its ambit negotiation, conciliation, mediation, and arbitration. As burgeoning court queues, rising costs of litigation, and time delays continue to plague litigants; ADR takes the center stage as a more economically viable and amicable option for the resolution of disputes.(i)

Nowadays, ADR is more flexible than litigation as it is not bogged down by the shackles of the court procedure laid down in the statutes. This prevents the parties from a unique opportunity to select what procedural and discovery rules will apply to their dispute (they can choose to apply relevant industry standards, domestic law, the law of a foreign country, etc. (ii) The freedom to select the arbitrator/mediator facilitates the appointment of the experts in the field of the dispute to share their valuable knowledge on the issue and to direct the parties to a course of mutual benefit. It is the specialization of the arbitrator/mediator in the area of dispute that enables speedier resolutions of problems. Litigation is devoid of such benefits as the complex court procedure both delays the entire process and also requires the appointment of a judge who understands the nuances of such a procedure.

In Indain law, there are the following main techniques of Alternatives Dispute Resolution (ADR) Mechanism:- A. Arbitration B. Conciliation C. Mediation D. Pre-Trial Conciliation/Mediation E. Negotiation/Discussion F. Lok Adalat G. Med Arbitration H. Medola. I. Mini-Trial. The award/ judgment of the following mechanism is binding on the parties and may be enforced by the Courts. There is no appeal against the Award.

International dispute resolution The effectiveness of ion international dispute resolution situations such as the International Court of Justice (ICJ), the Permanent Court of Arbitration (PCA), the World Trade Organization (WTO), and the European Court of Human Rights (ECtHR) has been met with some criticisms. the possible extent of applying alternative dispute resolution (ADR) mechanisms in natural resource and environment related disputes by these legal institutions will be examined. The unwillingness of the parties to submit to a win-win settlement is fuelled by the fact that they might be offered less compared to the win-lose court process. iii

The ICDR�-International Centre for Dispute Resolution�- is the international division of the largest arbitral institution in the world, the American Arbitration Association� (AAA�). Handling more cases than any other international institution-5,000 over the past fiveyears-the ICDR is the foremost provider of global conflict-resolution solutions to businesses and organizations involved in cross-border disputes The ICDR�-International Centre for Dispute Resolution�- is the international division of the largest arbitral institution in the world, the American Arbitration Association� (AAA�).

Handling more cases than any other international institution-5,000 over the past five years-the ICDR is the foremost provider of global conflict-resolution solutions to businesses and organizations involved in cross-border disputes. International commercial Arbitration International Commercial Arbitration is an alternative method for settling disputes between private parties emerging out of business exchanges directed across national boundaries that allow parties to avoid litigation in national courts. There are certain laws and treaties are followed by international law:- 1923 Geneva Protocol on Arbitration Clause.

1927 Geneva Convention on the Execution of Foreign Arbitral Awards. 2006 recommendation regarding interpretation of Article II(2) and Article VII(1) of the New York Convention. 1966 Convention Providing a Uniform Law on Arbitration (Strasbourg Convention.(iii) Guy Burgess and Heidi Burgess, Environmental Mediation: Beyond the Limits Applying Dispute Resolution Principles to Intractable Environmental Conflicts 50-94 (University of Colorado-Conflict Research Consortion. Colorado, 1994).

In India there are a alot of arbitral institutions are in operation India needs a robust arbitration framework to resolve the issues inundating the current system. The creation of a strong arbitration institution, replete with its own rules, guidelines and facilities would allow for consistency in procedure and keep the mainstream judiciary out of arbitration disputes.
 

End-Notes:

1. Legal Information Institute, Alternative Dispute Resolution, Cornell Law School, https://www.law.cornell.edu/wex/alternative_dispute_resolution
2. Mark Albright, The Advantages and Disadvantages of ADR, Albright, Stoddard, Warnick& Albright (Sept. 21, 2012) https://www.albrightstoddard.com/advantages-disadvantages-adr/
3. Guy Burgess and Heidi Burgess, Environmental Mediation: Beyond the Limits Applying Dispute Resolution Principles to Intractable Environmental Conflicts 50-94 (the University of Colorado Conflict Research Consortium. Colorado, 1994)